Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77978 of 2019 Arising Out of PS. Case No.-159 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== SUJIT KUMAR Son of Ajit Singh Resident of Village-Sahur, P.S.-Surajgarha, District-Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30 (a), 32, 41 and 56(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 10 litres of Mahua liquor has been recovered from the Gumti of the petitioner. He submits that Gumti is not belonged to the petitioner. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail petition. In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to

Patna High Court CR. MISC. No.77978 of 2019(2) dt.02-12-2019 2/2 deposit of Rs. 5,000/- in the court below/nazarat and on deposit of the aforesaid amount, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IInd-cum-Special Judge, Excise, Lakhisarai in connection with Excise Case No. 159c2/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Such deposit of Rs. 5,000/- shall abide by the outcome of the present pending criminal case. (Anjani Kumar Sharan, J) devendra/- U T